One of the most common questions car crash victims ask is, “how long after a car accident can you file a personal injury claim?” The answer depends on the specific facts of the case. While New York has a strict statute of limitations for personal injury matters, there are several exceptions that can extend the applicable deadline — and in claims involving a municipality, the time frame to pursue legal action is much shorter. Since the deadlines to file a lawsuit can be confusing, it’s crucial to have a personal injury attorney by your side who can help ensure you don’t miss the statute of limitations in your case.
Understanding the Statute of Limitations for Car Accident Claims
In New York State, you typically have three years to file a personal injury lawsuit for any damages suffered in a car accident. The statute of limitations begins to run on the date the accident occurred. However, in some cases, a victim would have additional time to pursue a claim, such as those involving the following:
- Injuries to a minor — If the accident victim is a minor, the statute of limitations can be tolled until they reach the age of 18. At that time, the victim would have three years to pursue a lawsuit.
- A plaintiff’s incapacity — In the event the accident victim is mentally incompetent, the statute of limitations would not begin to run until they regain capacity.
- A defendant’s absence — If a defendant is absent from the state, the statute of limitations would begin running upon their return. If the lawsuit is commenced before they have left the state and they remain absent for four months or more, the time of their absence is not counted toward the statute of limitations.
- A defendant’s use of a false name — If a defendant lives within the state but uses a false name unknown to the plaintiff, the time in which they reside in New York under such name is not part of the time frame in which the action must be commenced.
There are also other deadlines that should be noted in a car accident case. For example, there is a 30-day deadline to file a no-fault claim with your insurance company in order to be eligible to receive medical benefits and a portion of your lost wages. Failure to do so within this time frame can result in a denial of your claim for benefits.
Claims Against the Government
If a municipality, city, town, or government agency should be named as a defendant in a New York personal injury action, there is a shorter statute of limitations in place. There are also specific procedures that must be followed with these types of claims. Importantly, a plaintiff must file a Notice of Claim against the applicable party within 90 days from the date of the accident — this puts the government entity or agency on notice that a lawsuit will be filed against them. A plaintiff will then have one year and 90 days to file the personal injury action.
What Happens if You Don’t File a Car Accident Claim by the Deadline?
If you miss the statute of limitations to file a personal injury lawsuit after a car accident, your claim could be forever barred. Regardless of how strong your claim is, a court would likely dismiss your case without it being heard. In other words, if you do not file your claim before the statute of limitations expires, you would not be able to recover any compensation for the economic and non-economic damages you incurred.
Contact an Experienced New York Personal Injury Attorney
Although you generally have three years to file a personal injury claim after a car accident, it’s essential that you do not delay seeking legal representation. The Edelsteins, Faegenburg & Brown, LLP is a New York personal injury firm dedicated to advocating for the rights of car accident victims and securing the compensation they deserve. Handling every case with personalized time and attention, we have a long track record of securing substantial settlements and verdicts for our clients. Contact us to schedule a free consultation at (212) 425-1999 today.